Re: Do the Police Have to Investigate a Complaint Before Making an Arrest
They did not need one. You gave them permission to come inside and I presume they made an arrest based upon probable cause to believe you had committed a felony (likely criminal threats per PC 422).
That will be hashed out in court. The DA may also take into account when deciding if he or she can prove the case beyond a reasonable doubt to a jury. If the victim has some serious credibility issues, they may decide not to prosecute. On the other hand, those 27 accusations may amount to nothing because perhaps his accusers were full of it. Who knows?
The person that made the accusations has a laundry list of fraud cases and breach of contract against him that span 20 years in the county. 27 cases to be exact. Do they not consider the source when someone makes such serious claims?
If it gets to court, your attorney can do what he can to make the victim/witness look like an unbelievable sot.
Apparently she has never heard of the concept of "probable cause" and is not familiar with CA Penal Code section 836.
I have a taped admission that he coerced his girlfriend to lie to the police and say I was harassing her. Years later I contacted her to find out how it was possible the police came into my house without a warrant and arrested me without a warrant or probable cause. She told me it was because he was friends with the head of the sheriffs department and that they were both crooks.
I thought you said you were arrested for threatening this guy? Provided they made the arrest in a reasonable time after the probable cause was established, they can do so without any problems. If they delayed long enough to have gotten an arrest warrant, then the arrest might be bad, but you'd still likely have to face the charges anyway.
Wouldn't that be considered police misconduct, conspiracy and/or civil rights violations? Considering that this was new evidence to prove wrongdoing would the Statue of Limitations if there is any have toiled?
It would be misconduct if they had acted falsely, illegally, against policy, or conspired to break the law in some way. You haven't provided anything that indicates this has occurred.
He doesn't have to tell the truth to the neighbor. Plus, f based on probable cause, it is very possible that the assisting officer did not KNOW for sure what was going to happen, only that an arrest MIGHT occur.
One of the two uniforms told my neighbor he didn't know if they were going to take me in
About 9 out of 10 arrests will never require Miranda rights.
Also they never read me my rights.
Miranda is generally only required when they interrogate you after you are in custody. If they do not interrogate you after they arrest you, then there is often no need to read you your Miranda rights. And if they did NOT Mirandize you, then your attorney can move to suppress any statements made after you were cuffed (provided they were not spontaneous utterance and the like).
Your attorney can look into that. But, from what you have written, I don't see it. They had a complaint regarding a serious violent felony, they asked you if they could come inside, you agreed, and they made the arrest based upon that probable cause. Pretty standard fare unless you left out some important details.
I believe this is a violation of my fourth amendment. Unlawful Search, Seizure, Detention and warrantless arrest.
Since the ex chief is in prison, I'm pretty sure that he had nothing to do with this.
To top it off the chief of police who he was friends with went down for federal charges and is already in prison.
Yes, there IS a statute of limitations on civil actions. How much time has passed since this happened? Have you been charged with any crime from the arrest? What do you believe are your grounds to sue?
I sent the information to the IAD and they called and asked what I was going to do with the information. Due to the trauma I went through and nightmares etc I haven't been working and have very limited resources so I have not taken any legal action. I do believe there is no statue of limitations on this and if I can find an Attorney that is willing to file the case it would be settled on the spot due to the electronic proof. Any advice is greatly appreciated.
A Nor Cal Police Sergeant
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... and a croissant!"
Walk humbly with your God
-- Courageous, by Casting Crowns